District Court of Appeal of Florida August 9, 2000, No. 4D99-2358 (Jacob v. Bernatek)

WARNER, C.J.

The appellant, Christian Jacob, brought a shareholder derivative suit against appel-lees, James Barnatek, Henry Starr, and Accessories Worldwide, Inc., for an accounting and for statutory violations. In response, the appellees filed a motion for summary judgment contending that appellant was not a shareholder because his stock had been canceled for non-payment of the issuance price.